Application for a writ of mandamus or of prohibition or for any other extraordinary writ in the Supreme Court directed to the Court of Appeals, the Tax Court, or the Workers' Compensation Court of Appeals, or in the Court of Appeals directed to a trial court, shall be made by petition. The petition shall specify the lower court and the name of the judge and shall contain:
(a) a statement of the facts necessary to an understanding of the issues presented by the application;
(b) a statement of the issues presented and the relief sought; and
(c) a statement of the reasons why the extraordinary writ should issue.
A copy of any order or written action the application seeks to address and any findings of fact, conclusions of law, or memorandum of law relating to it shall be included in an addendum, which may include any portion of the record necessary for an understanding of the application.
The petition shall be titled "In re (name of petitioner), Petitioner," followed by the trial court caption, and shall be captioned in the court in which the application is made, in the manner specified in Rule 120.04.
(Amended effective January 1, 1999; amended effective March 1, 2001; amended effective July 1, 2014.)
The petition shall be served on all parties and filed with the clerk of the appellate courts. In criminal cases, the State Public Defender and the Attorney General for the State of Minnesota shall also be served. If the lower court is a party, it shall be served; in all other cases, it should be notified of the filing of the petition and provided with a copy of the petition and any response. All parties other than the petitioner shall be deemed respondents and may answer jointly or separately within 7 days after the service of the petition. If a respondent does not desire to respond, the clerk of the appellate courts and all parties shall be advised by letter within the 7-day period, but the petition shall not thereby be taken as admitted.
(Amended effective for appeals taken on or after January 1, 1992; amended effective January 1, 1999; amended effective January 1, 2009; amended effective January 1, 2020.)
If the reviewing court is of the opinion that the writ should not be granted, it shall deny the petition. Otherwise, it may:
(a) issue a peremptory writ, or
(b) grant temporary relief and direct the filing of briefs.
There shall be no oral argument unless the reviewing court otherwise directs.
Upon receipt of a $550 filing fee, the clerk of the appellate courts shall file the petition. All documents and briefs must be in the form specified in Rule 132.02. The petition and proof of service shall be filed with the clerk of the appellate courts, but the reviewing court may direct that additional copies be provided. Service of all documents and briefs may be made personally, by mail, or electronically if authorized or required by order of the Minnesota Supreme Court.
(Amended effective July 1, 1989; amended effective July 1, 1993; amended effective January 1, 1999; amended effective July 1, 2003; amended effective July 1, 2009; amended effective July 1, 2014.)
Denial of a writ under this rule or Rule 121 by the Court of Appeals is subject to review by the Supreme Court through petition for review under Rule 117. Review of an order denying an extraordinary writ should not be sought by filing a petition for a writ under this rule with the Supreme Court unless the criteria for issuance of the writ are applicable to the Court of Appeals order for which review is sought.
(Added effective March 1, 2001.)